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Pipeline Safety Stakeholder Communications

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New York Enforcement Program

Operator compliance with state and federal pipeline safety regulations is monitored through a comprehensive inspection and enforcement program. The program is comprised of field inspections of operations, maintenance, and construction activities; programmatic inspections of operator procedures, processes, and records; incident investigations and corrective actions; and through direct dialogue with operator management. The agency or agencies below work in partnership with the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) to assure pipeline operators are meeting requirements for safe, reliable, and environmentally sound operation of their facilities. The tables below provide a summary of probable violations discovered and compliance actions taken by the agency(ies) as a result of these activities. These data are reported annually as part of the state's annual pipeline safety program certification or agreement to PHMSA. Information on enforcement actions taken by PHMSA is available at the Pipeline Safety Enforcement Program homepage.

These tables provide a summary of probable violations identified and corrected during each year. Probable violations are alleged non-compliances with pipeline safety regulations. Although state enforcement procedures vary, operators are provided an opportunity to respond to these alleged non-compliances and defend their actions as part of resolving each case. Separate tables are provided for hazardous liquid and gas pipeline oversight. (A)

Gas: Probable Violations: 2001-2015 (1)
Year Number Found During Year Number Submitted to DOT for Action Number Corrected During Year
NEW YORK PUBLIC SERVICE COMMISSION
2001 265 4 251
2002 267 4 271
2003 225 0 207
2004 327 0 283
2005 276 0 244
2006 245 0 202
2007 244 0 235
2008 247 0 258
2009 324 0 333
2010 249 0 243
2011 339 0 319
2012 299 138 280
2013 415 14 468
2014 460 6 454
2015 441 16 443
Hazardous Liquid: Probable Violations: 2001-2015 (1)
Year Number Found During Year Number Submitted to DOT for Action Number Corrected During Year
NEW YORK PUBLIC SERVICE COMMISSION
2001 12 18 4
2002 8 0 8
2003 2 0 2
2005 31 0 0
2006 2 0 31
2007 1 0 4
2008 6 0 4
2009 3 0 6
2010 0 3 0
2011 15 0 5
2012 6 4 4
2013 10 6 19
2014 5 2 9
2015 1 4 2

Number Found During Year: The number of new probable violations identified during the calendar year through inspections, investigations, and other means.

Number Submitted for DOT Action: The number of probable violations that are referred to PHMSA for Federal enforcement. Compliance actions may be referred to PHMSA in situations where the state pipeline safety program is not certified to take enforcement action on certain intrastate pipelines. For example, some states do not have enforcement authority of municipal pipeline systems. Furthermore, some state pipeline safety programs are authorized by PHMSA to inspect interstate pipelines on PHMSA's behalf as Interstate Agents. In these situations, any probable violations identified by Interstate Agents must be referred to PHMSA for enforcement.

Number Corrected During Year: The number of probable violations that were satisfactorily corrected during the calendar year. These could be violations identified in the current year as well as violations that were carried over from previous years. Violations are satisfactorily resolved when the operator provides evidence and satisfies the agency that the non-compliances have been properly addressed and corrected.

A compliance action is an action or series of sequential actions taken to enforce pipeline regulations. One compliance action can cover multiple probable violations. A compliance action may take the form of a letter warning of future penalties for continued violation, an administratively imposed monetary sanction or order directing compliance with the regulations, an order directing corrective action under hazardous conditions, a show-cause order, a criminal sanction, a court injunction, or a similar formal action. This table provides the number of compliance actions taken by the state agency in each year. It also provides the number and amount of civil penalties that were assessed each year to pipeline operators and the number and amount of civil penalties that were collected each year from operators. Because there are occasions where a civil penalty is assessed in one year but not collected until a following year, the amount assessed and collected in a given year may not always be the same. (A)

Gas: Compliance Actions: 2001-2015 (1)
Year Compliance Actions Taken Number of Penalties Assessed Dollars Assessed Number of Penalties Collected Dollars of Penalties Collected
NEW YORK PUBLIC SERVICE COMMISSION
2001 70 29 26,000 29 26,000
2002 66 28 54,000 16 22,500
2003 68 23 49,000 10 10,000
2004 48 24 24,000 23 23,000
2005 38 24 24,000 18 18,000
2006 40 22 28,500 21 27,500
2007 71 28 28,000 23 23,000
2008 51 9 9,000 9 9,000
2009 95 15 16,500 15 16,500
2010 82 12 12,000 12 12,000
2011 83 11 11,000 6 6,000
2012 75 9 4,000 4 4,000
2013 44 0 0 2 2,000
2014 38 19 119,500 8 37,000
2015 74 0 0 41 309,000
Hazardous Liquid: Compliance Actions: 2001-2015 (1)
Year Compliance Actions Taken Number of Penalties Assessed Dollars Assessed Number of Penalties Collected Dollars of Penalties Collected
NEW YORK PUBLIC SERVICE COMMISSION
2001 3 1 1,000 1 1,000
2002 1 0 0 0 0
2003 1 0 0 0 0
2004 0 0 0 0 0
2005 3 0 0 0 0
2006 1 0 0 0 0
2007 2 0 0 0 0
2008 1 0 0 0 0
2009 5 0 0 0 0
2010 2 1 1,000 1 1,000
2011 2 0 0 0 0
2012 2 0 0 0 0
2013 2 0 0 0 0
2014 3 0 0 0 0
2015 1 0 0 0 0

Notes

  1. Some states do not have programs for both gas and hazardous liquid pipelines. Thus enforcement data is not shown when the state has no corresponding program. Alaska and Hawaii have neither a gas nor hazardous liquid pipeline safety programs. When a state has no program, oversight is provided by PHMSA.

Sources

  1. Federal State Tracking and Reporting web application (FedSTAR) as of March 31, 2016 for states with active PHMSA certification and/or agreement. NOTE: New Hampshire's (NH) data for the years 2005 through 2015 as of October 30, 2017.

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